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Vegetation Management Act 1999
sec.74Existing development control plans and special facilities zones
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### sec.74 Existing development control plans and special facilities zones
Nothing in this Act affects the clearing of vegetation—
under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or
in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .
Subsection (1)(b) applies to an area only if—
the area continues to be designated as a special facilities zone, or like zone, under the scheme; or
the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone—
a development permit that—
was given before the designation ceased; and
has not lapsed; and
is for building work or operational work under the Planning Act; or
an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or
a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or
a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or
a development permit given for a superseded planning scheme request under the Planning Act.
However, subsection (1)(b) also applies to an area if—
the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and
the clearing of vegetation is in relation to the development rights.
In this section—
special facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 —
for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and
in which development of a particular type may be carried out without a development approval.
s 74 amd 2003 No. 10 s 76 sch ; 2005 No. 41 s 4 ; 2009 No. 43 s 47 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 651
(sec.74-ssec.1) Nothing in this Act affects the clearing of vegetation— under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .
(sec.74-ssec.2) Subsection (1)(b) applies to an area only if— the area continues to be designated as a special facilities zone, or like zone, under the scheme; or the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— a development permit that— was given before the designation ceased; and has not lapsed; and is for building work or operational work under the Planning Act; or an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or a development permit given for a superseded planning scheme request under the Planning Act.
(sec.74-ssec.3) However, subsection (1)(b) also applies to an area if— the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and the clearing of vegetation is in relation to the development rights.
(sec.74-ssec.4) In this section— special facilities zone means a zone under the repealed Local Government (Planning and Environment) Act 1990 — for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and in which development of a particular type may be carried out without a development approval.
- (a) under a development control plan mentioned in the repealed Integrated Planning Act 1997 , section 6.1.45A; or
- (b) in an area designated, immediately before the commencement of this section, as a special facilities zone under a planning scheme under the repealed Integrated Planning Act 1997 .
- (a) the area continues to be designated as a special facilities zone, or like zone, under the scheme; or
- (b) the current planning scheme for the area no longer designates the area as a special facilities zone but there is, for the area and in relation to the zone— (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or (v) a development permit given for a superseded planning scheme request under the Planning Act.
- (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or
- (A) was given before the designation ceased; and
- (B) has not lapsed; and
- (C) is for building work or operational work under the Planning Act; or
- (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or
- (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or
- (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or
- (v) a development permit given for a superseded planning scheme request under the Planning Act.
- (i) a development permit that— (A) was given before the designation ceased; and (B) has not lapsed; and (C) is for building work or operational work under the Planning Act; or
- (A) was given before the designation ceased; and
- (B) has not lapsed; and
- (C) is for building work or operational work under the Planning Act; or
- (ii) an acknowledgement notice mentioned in the repealed Integrated Planning Act 1997 , section 3.2.5(1); or
- (iii) a request made under the repealed Sustainable Planning Act 2009 , section 95(1), or the Planning Act, section 29(4)(b), that has been agreed to, or is taken to have been agreed to, by the local government; or
- (iv) a development permit given for a development application (superseded planning scheme) under the repealed Sustainable Planning Act 2009 ; or
- (v) a development permit given for a superseded planning scheme request under the Planning Act.
- (A) was given before the designation ceased; and
- (B) has not lapsed; and
- (C) is for building work or operational work under the Planning Act; or
- (a) the current planning scheme for the area no longer designates the area as a special facilities zone but the development rights conferred by the earlier designation have been preserved under the scheme; and
- (b) the clearing of vegetation is in relation to the development rights.
- (a) for which the permitted use is special facilities, whether or not the zone has been designated under the planning scheme by the name ‘special facilities zone’; and
- (b) in which development of a particular type may be carried out without a development approval.